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Q: - "I am a real estate agent who submitted a contract to purchase a home that was listed by another brokerage. The listing brokerage published the details of their listing in the Realtor Multiple Listing System. The asking price was $184,900. The contract I submitted offered $185,900. The next day I spoke with the listing agent and was informed that the sellers declined my offer and raised the price $25,000. Am I entitled to the commission?"
A: - Quite possibly. Remember, real estate associates don't earn commissions. Only brokers earn commissions, that may then be split with their associates. If the seller signed an exclusive right of sale listing agreement, the only thing the listing agent must due to earn the commission is find a ready, willing and able buyer, at the agreed upon price. If the listing agent finds such a buyer, the listing agent is due a commission. It doesn't matter if the seller sells or not. Therefore, if the listing broker, via your broker, found a ready, willing and able buyer, the listing agent is due a commission. Thereafter, via the agreements between the Realtors in the MLS, your broker is due a commission, and thereafter you are due part of your broker's commission. The only person you have a contract with is your broker. The only person you can look to for the commission is your broker. Your broker should seek the commission for both of you. If your broker fails to pursue a commission that was due, find another broker to work for and seek legal counsel as to filing a suit against your broker. Filing a suit against your own broker may not make you very popular, but it is your only recourse.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.